HR And Employment: Your 2018 To-Do List

Author:Ms Kathleen Morrison
Profession:Brodies LLP

Here's our summary of the key actions and developments HR teams should look out for in 2018.

Users of Workbox, our online HR and employment law site, can access detailed practical guidance on these topics at any time.

Otherwise, if you need more information, please get in touch.

Data protection: GDPR The EU General Data Protection Regulation will apply from 25 May 2018. In preparation, HR teams will need to review, for example: What personal data is held, where, by whom, how and why it is being processed Contracts of employment, employee privacy notices and data protection policies Recruitment procedures Procedure for subject access requests Employee monitoring Contracts with recruitment agencies. Brexit and immigration Certain changes to UK immigration rules come into effect from 11 January 2018. On Brexit, and immigration issues arising from that, we will provide updates on significant developments throughout 2018. Gender pay gap reporting The gender pay gap will remain high profile in 2018. Private / voluntary sector employers with 250+ employees must publish their first gender pay gap report by 4 April 2018. Public sector employers in England with 2 ees must publish their first report by 30 March 2018. The Equality and Human Rights Commission's draft enforcement strategy is open for consultation until 2 February 2018. It plans to engage informally in the first instance but may use its enforcement powers, which in extreme cases can lead to the commission of an offence and fines. For the coming year it plans to focus on employers who have not published the required information, but may also take action in respect of inaccurate data.

Race pay gap reporting

The Conservative Party election manifesto indicated that it would introduce mandatory race pay gap reporting for large employers, although no further details are available.

Increase in employment tribunal claims

Be aware of the 64% increase in employment tribunal claims (from single claimants) since employment tribunal fees were declared unlawful.

The scheme to refund tribunal fees is open (including for respondents who were ordered to reimburse claimants' fees by a tribunal). We also understand that the tribunal service may write to claimants whose claims were rejected or dismissed for non- payment of a fee, asking if they want their claim reinstated.

Employment status, gig economy, IR35

Look out for:

Government discussion paper on clarifying the employment status tests for employment rights (i.e. whether someone is an employee, worker or self- employed) and for tax (i.e. whether someone is taxed as an employee or self-employed). More cases, including the Pimlico Plumbers and Uber appeals. Consultation on IR35 non-compliance in the private sector, which could lead to a private sector rollout of the IR35 changes introduced in 2017 for the public sector. More discussion on the possibility of equalising self-...

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